On Monday at 9.00am, Beth sees the car, but as she was running late for a dental appointment, she telephones Ayisha from work at 10.00am, and makes an offer of GHS14,500, which Ayisha says she would like to consider.
Beth says that she will assume Ayisha has accepted her offer unless she hears from her by 9.00pm that evening, a proposal to which Ayisha agrees.
At 11.00am on Monday, Carlos calls at Ayishas house, but Fatimah, Ayishas daughter, was the only person at home. He therefore leaves a note reading; Monday 11.00am. Please keep the car for me. Here is a cheque for GHS15,000, Carlos”. Fatimah leaves the cheque together with the note on a desk in Ayishas study.
At 12.15pm on that same Monday, Dawuda passes by the car and sees the notice, and within a few minutes, posts a first class letter of acceptance together with a cheque for GHS15,000, using the post box at the end of the street. Unfortunately, Dawuda misaddresses his letter, so it arrives on Friday.
At 3.00pm on Monday, Ayisha decides to accept Beths offer and posts a letter of acceptance to Beths business address, saying: I agree to sell on your terms. Because of the lower price, can you pay in cash?
At 9.30pm on Monday, Ayisha reads Carlos acceptance and immediately telephones Beths business address, leaving a message on the telephone service answering machine: Ignore the letter you will receive, deal off, Ayishaa. Beth is away on business and only listens to the tape on Wednesday evening.
CITING APPROPRIATE CASES & ESTABLISHED LEGAL PRINCIPLES, ADVISE THE PARTIES ON THEIR LEGAL POSITION. HAS A CONTRACT COME INTO BEING? IF YES, WITH WHO? IF NO, WHY IS THERE NO CONTRACT?